Date: 02/07/2006

Final
BILL SUMMARY for HB06-1159

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Votes: View--> Action Taken:
Amend prepared amendment L.001, page 1, line 12 st
Prepared amendment L.001 (Attachment B) as amended
Refer the bill to the Committee of the Whole. The
Pass Without Objection
Pass Without Objection
PASS
TIE


02:07 PM -- House Bill 06-1159

Representative Paccione, bill sponsor, provided an explanation of the provisions of HB 06-1159 prohibiting "forced" annexations. She explained the provisions of prepared amendment L.001 to the bill (Attachment B) and responded to committee questions regarding any specific incidents or situations driving the need for the bill. She explained that her intent is to provide for public input during annexation proceedings in a meaningful way.


02:20 PM

Tess Heffernan, City of Fort Collins, spoke in support of the bill. She agreed with the premise that enclave residents should have a voice in the annexation process in a timely manner. She explained the intent of forming transition committees as proposed in the bill. Ms. Heffernan responded to a committee question regarding notification and participation of enclave residents in prior Fort Collins annexations.


02:25 PM

Sandra Robbins spoke in support of the bill. She described the enclave in which she lives which is in unincorporated Larimer County with a Fort Collins address. She explained that individuals living within a certain distance must be notified of annexation proceedings under current law but that because of the size of the enclave in which she lives, she does not receive notification. In addition, because enclave inhabitants are county residents, they have no representation on the city council. She explained how the management of her property and use of utilities will change if her enclave is annexed and she expressed frustration that she is not able to participate fully in proceedings on annexation.


02:36 PM

John Cockson spoke in support of the bill. He spoke to the lack of a process for participation by residents in proceedings to annex the enclave in which he lives. He indicated there are three forced annexations in process in Fort Collins right now. In response to committee questions, Mr. Cockson indicated there are about 3,000 residents living in his enclave.


02:49 PM

Karen Rose spoke in support of the bill indicating she is a resident of unincorporated Larimer County with a Fort Collins address (Attachment C). She responded to a committee question regarding the status of a current annexation proceeding. She spoke to prior testimony alluding to pressure from lobbyists on this bill and indicated that the bill her group originally requested was not drafted because her group was told that lobbyists representing municipalities would have the bill killed. She reiterated prior testimony regarding the lack of representation on the city council.


03:00 PM

Neil Hurst, Citizens Against Forced Annexation, Fossil Creek Meadows Homeowners Association, spoke in support of the bill. He reiterated prior testimony regarding the lack of county enclave resident representation on the Fort Collins City Council and the lack of any requirement that the viewpoints of those residents be taken into consideration during annexation proceedings.


03:05 PM

Lynn Colter, Citizens Against Forced Annexation, spoke in support of the bill. She reiterated prior testimony regarding the concentration of power at the municipal government level and she provided further detail on the limited input county residents are allowed to provide at city council meetings. She additionally spoke to the lack of any response to that input. Ms. Colter provided more detail on the proceedings in Fort Collins. Committee members suggested Ms. Colter contact the news media and the attorney general with her group's complaints.


03:16 PM

Steve Sydes spoke in support of the bill. He reiterated prior testimony advocating the need for participation and a decision-making voice in annexation proceedings.


03:21 PM

Sam Mamet, Colorado Municipal League, indicated the league has not taken a position on the bill. He clarified that "forced" annexations are provided for in Section 2 of Article 30 of the Colorado constitution pursuant to an initiated measure approved by the voters of Colorado. He indicated that when first submitted to municipalities for comment, many municipalities questioned whether the bill addresses a matter of statewide concern or whether the bill addresses a local dispute.
BILL:HB06-1159
TIME: 03:26:16 PM
MOVED:Hodge
MOTION:Prepared amendment L.001 (Attachment B) as amended. The motion carried without objection.
SECONDED:Lindstrom
VOTE
Berens
Cerbo
Curry
Decker
Massey
May M.
Merrifield
Soper
Stafford
Lindstrom
Hodge
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB06-1159
TIME: 03:29:34 PM
MOVED:May M.
MOTION:Amend prepared amendment L.001, page 1, line 12 strike "BE". The motion carried without objection.
SECONDED:Stafford
VOTE
Berens
Cerbo
Curry
Decker
Massey
May M.
Merrifield
Soper
Stafford
Lindstrom
Hodge
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

BILL:HB06-1159
TIME: 03:30:20 PM
MOVED:Curry
MOTION:Refer the bill to the Committee of the Whole. The motion carried on a 6-5 roll call vote.
SECONDED:Cerbo
VOTE
Berens
No
Cerbo
Yes
Curry
Yes
Decker
Yes
Massey
No
May M.
No
Merrifield
Yes
Soper
Yes
Stafford
No
Lindstrom
No
Hodge
Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS